Since When Are Condoms Illegal?

Men who have sex with men
(MSM) and sex workers are
among the most vulnerable
to HIV. To combat this,
prevention programs have focused on
encouraging condom use to help prevent
transmission. Prisoners need them, since
the reality of prison life often includes
sexual activity. Sex workers need easy
access to condoms and other safer sex
supplies, and the ability to carry and use
them without fear of arrest or violence.

Yet there are laws in the U.S. that make
it difficult for people to protect themselves,
especially people who interact with the
criminal justice system. The lack of condoms
in prisons and laws that use condoms
as evidence of prostitution are examples of
these policies. These laws increase the likelihood
of HIV transmission both in and
out of prisons. Plus, they single out certain
groups as "unworthy" of protection,
and make everyone less safe. But activists
are fighting back to secure their rights and
to help prevent the transmission of HIV.

Condoms in Prisons and Jails

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Condoms are currently illegal in most
of the country's jails and prisons, even
though there is an increasing need to protect
the health and well-being of inmates.
The lack of condoms is a big problem
because prisoners are highly vulnerable
to HIV, hepatitis B virus (HBV), hepatitis
C virus (HCV), and other infectious diseases.
In 2008 alone, 1.5% of all U.S. prisoners
had HIV, four times higher than the
rate in the general population.

The high rate of sexual assault in prisons
fuels calls for condoms to be made
available. According to the Bureau of
Justice Statistics, 60,500 inmates experienced
at least one incident of sexual assault
by other inmates or staff in 2007. Studies
show that sex workers, LGBT people,
and inmates who are smaller framed are
at greatest risk of sexual assault. In the
context of prison rape, a lack of condoms
places inmates at increased risk of HIV
and other STIs.

Despite the occurrence of high-risk
sexual activity, rape, and the risk of STIs,
only five county jail systems (New York,
Philadelphia, San Francisco, Los Angeles,
and Washington, D.C.) and two state
prison systems (Vermont and Mississippi)
allow inmates access to condoms. This
represents less than 1% of all U.S. prisons.
Increasing condom availability in the
prison system will go a long way toward
protecting inmates.

The success of current programs
that offer condoms to prisoners proves
how helpful that can be. The Central
Detention Facility of Washington, D.C.,
began providing condoms to prisoners
in 1993. Each month condoms are
provided through public health and
AIDS service organizations. Condoms
are available at health education classes,
during voluntary HIV test counseling, or upon request to health care staff.
Since condoms were made available,
55% of inmates and 64% of correctional
officers support the measure. Only 13%
of correctional officers are aware of any
problems with condom availability, but
details about these issues have not been
provided. Likewise, no security issues
have been reported relating to condom
availability and there is no
evidence that sexual activity
has increased.

Although a majority
supports making condoms
available in prisons,
89% of inmates have
not requested them. Also,
65% of those who have
received condoms never
used them. These results
suggest that although
condoms are available
when a prisoner is able to
request them, not many
condoms are distributed
throughout the prison. A
possible explanation for
this is that inmates are
unwilling to request condoms
because this would
also be an admission that
he or she is engaging in
sexual activity. Policy
makers should take this
into consideration when
creating new HIV prevention
policies.

The U.S. can look to
Canada as an example, since condoms
have been available in Canadian prisons
since 1992. Like the Washington
Detention facility, condoms were
initially available only through health
care providers in the prisons. Many
inmates reported that they would be
more likely to access condoms if they
were made available apart from health
services. In response, condoms have
been made available since 1994 in
areas where inmates are not seen by
staff or other inmates. Condoms are
placed in bowls and other containers
in sites such as washrooms, shower
areas, and libraries. The introduction
of condoms in Canadian prisons has
met with much success, and no facility
that has made condoms available has
reversed the policy.

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